Rep. Janice D. Schakowsky

Railroad Employee Equity and Fairness Act or the REEF Act This bill permanently exempts payments made from the Railroad Unemployment Insurance Account from sequestration. Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals. Currently, this exemption ends 30 days after the termination of the COVID-19 national emergency period.

Ghost Guns Are Guns Act This bill broadens the definition of firearm for purposes of federal firearms laws. Specifically, it includes as a firearm any combination of parts designed or intended to be used to convert a device into a firearm and from which a firearm may be readily assembled.

Ending Qualified Immunity Act This bill eliminates the defense of qualified immunity in civil actions for deprivation of rights. Qualified immunity is a judicially created doctrine that protects government employees or those acting with state authority from being held personally liable for constitutional violations. The bill provides that under the statute allowing a civil action alleging deprivation of rights under color of law, it shall not be a defense or immunity to any such action that (1) the defendant was acting in good faith or believed that his or her conduct was lawful at the time it was committed; (2) the rights, privileges, or immunities secured by the Constitution or federal laws were not clearly established at the time of their deprivation; or (3) the state of the law was such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful.

Ensuring Quality Access to Legal Defense Act of 2021 or the EQUAL Defense Act of 2021 This bill establishes and modifies certain programs that support the delivery of public defense services (i.e., legal services for criminal defendants who cannot afford counsel). Specifically, the bill directs the Department of Justice (DOJ) to award grants to state and local governments, tribal organizations, and public defender offices for public defense. A grant recipient must use the grant to establish a data collection process, develop workload limits, and satisfy specified compensation requirements (e.g., pay parity between public defenders and prosecutors). The bill also directs DOJ to award grants to nonprofits and government organizations to train public defenders, court-appointed attorneys, and contract attorneys. Additionally, a state that receives Edward Byrne Memorial Justice Assistance Grant program funds must annually submit to DOJ information related to the legal representation of defendants in criminal cases. Finally, it reauthorizes through FY2025 the student loan repayment program for prosecutors and public defenders and otherwise revises the program, including by increasing the maximum benefit amount.

No Guns for Abusers Act of 2021 This bill authorizes the Department of Justice (DOJ) to make grants for states, local governments, and tribal governments to implement procedures to remove firearms from individuals who are charged with or convicted of domestic violence or subject to a domestic violence protective order. The National Institute of Justice must report on best practices for implementing such procedures, and DOJ must submit federal legislative recommendations in accordance with the best practices.

Mental Health Justice Act of 2021 This bill creates a grant program for states and local governments to train and dispatch mental health professionals to respond, instead of law enforcement officers, to emergencies that involve people with behavioral health needs. The Substance Abuse and Mental Health Services Administration (SAMHSA) must manage the program in consultation with the Department of Justice (DOJ). SAMHSA may cancel grants that increase incarceration or institutionalization. Grantees must use funds for purposes including de-escalation and anti-racism training. The Department of Health and Human Services and the DOJ must evaluate this program.

Do No Harm Act This bill prohibits the application of the Religious Freedom Restoration Act of 1993 (RFRA) to specified federal laws or the implementation of such laws. Currently, RFRA prohibits the government from substantially burdening a person's exercise of religion even if the burden results from a rule of general applicability, except in furtherance of a compelling governmental interest when using the least restrictive means. Under the bill, RFRA is inapplicable to laws or the implementation of laws that protect against discrimination or the promotion of equal opportunity (e.g., the Civil Rights Act of 1964); require employers to provide wages, other compensation, or benefits, including leave; protect collective activity in the workplace; protect against child labor, abuse, or exploitation; or provide for access to, information about, referrals for, provision of, or coverage for, any health care item or service. The bill prevents RFRA from being used to deny (1) goods or services the government has contracted, granted, or made an agreement to provide to a beneficiary of or participant in a program or activity funded by such government contract, grant, agreement, or other award; or (2) a person's full and equal enjoyment of a government-provided good, service, benefit, facility, privilege, advantage, or accommodation. In order for a person to assert a RFRA claim or defense in a judicial proceeding, the government must be a party to the proceeding.

Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2021 or the DISCLOSE Act of 2021 This bill addresses campaign finance, including by expanding the prohibition on campaign spending by foreign nationals, requiring additional disclosures of campaign expenditures, and requiring additional disclosures regarding certain political advertisements. First, the bill prohibits foreign nationals from participating in the decision-making process regarding an election expenditure. Additionally, the bill expands existing foreign money prohibitions to include disbursements for paid web-based or digital communications and federal judicial nomination communications. It also prohibits foreign nationals from contributing to campaigns related to ballot initiatives and referenda. The Federal Election Commission (FEC) must conduct an audit after each federal election cycle to determine the incidence of illicit foreign money. Next, the bill makes it unlawful to establish or use a corporation, company, or other entity with the intent to conceal an election contribution or donation by a foreign national. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both. Covered organizations (e.g., corporations, labor organizations, and political organizations) must, within 24 hours, file reports with the FEC to disclose campaign expenditures of more than $10,000 during an election cycle. Finally, the bill requires organizations to provide additional disclosures regarding political advertisements, including the donors who contributed the most money to that organization in the last year.

Eric Garner Excessive Use of Force Prevention Act of 2021 This bill modifies the criminal civil rights statute that prohibits the deprivation of rights under color of law. Currently, the second prong of the prohibition bars the application of different punishments, pains, or penalties based on an individual's alien status, color, or race. This bill specifies that the application of any pressure to a person's throat or windpipe, the use of maneuvers that restrict blood or oxygen flow to the brain, or carotid artery restraints that prevent or hinder breathing or reduce intake of air (e.g., a chokehold) constitute a punishment, pain, or penalty.

Mainstreaming Addiction Treatment Act of 2021 This bill removes the requirement that a health care practitioner apply for a separate waiver through the Drug Enforcement Administration (DEA) to dispense certain narcotic drugs (e.g., buprenorphine) for maintenance or detoxification treatment (i.e., substance use disorder treatment). Further, a community health aide or community health practitioner may dispense certain narcotic drugs for maintenance or detoxification treatment without registering with the DEA if the drug is prescribed by a health care practitioner through telemedicine. It preempts state laws related to licensure for this activity. The bill also directs the Substance Abuse and Mental Health Services Administration to conduct a national campaign to educate health care practitioners and encourage them to integrate substance use disorder treatment into their practices.